FORBES360® Terms of Service

Revised and posted as of the Effective Date: March 8, 2018

PLEASE SCROLL DOWN AND READ THESE TERMS OF SERVICE BEFORE USING THIS WEBSITE OR ANY OTHER FORBES360 CHANNEL, SERVICE, OR PRODUCT. Note that Section 16 (Dispute Resolution) contains a mandatory arbitration clause, a jury waiver and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you cannot participate in class actions, class arbitrations, or representative actions.

These Terms of Service are effective as of the Effective Date above or, if required by law, 30 days after notice to you. If you do not agree with these Terms, including the Dispute Resolution section, your sole remedy is to not use our Services. By continuing to use the Services after the Effective Date, you agree to and accept these Terms.

Forbes360.news and other Forbes360 websites (collectively, the “Website”) are digital services owned and operated by Forbes360 Media LLC (“Forbes360,” “our,” or “we”). We have developed these Terms of Service (“Terms”) to govern your use of the Website as well as your use of or interaction with any other Forbes360 owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), digital games, events, and social media channels (“Forbes360 Channels”).

1. The Content

1.1. Intellectual Property: All information, content, services, and software displayed on the Website or Forbes360 Channels—including advertising, articles, opinions, reviews, text, photographs, images, illustrations, audio, video, html, source and object code, and the “look and feel” (collectively, the “Content”)—are protected under applicable copyrights and other proprietary rights and are the intellectual property of Forbes360 and its licensors.

1.2. Marks: The Content includes logotypes, trademarks, and service marks (collectively “Marks”) owned by Forbes360. For example, “Forbes360” is a trademark of Forbes360 Media LLC. No Marks may be used in any manner unless approved in advance, in writing.

1.3. Personal Use: You may use the Website solely for personal, non-commercial use. You may download or print a single copy of any downloadable portion of the Content for your personal use, provided you do not remove any trademark or copyright notice.

1.4. Advertising: Access to Content is possible due to paid advertising. You agree that you will not, and will not permit any third party to, remove, obstruct, or otherwise interfere with the delivery of advertisements on the Website.

2. Digital Millennium Copyright Act (DMCA) Notice

Forbes360 respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following:

• A physical or electronic signature of the owner’s authorized agent;

• Identification of the copyrighted work claimed to have been infringed;

• Identification of the material that is claimed to be infringing and its location;

• Contact information (address, phone, email);

• A statement of good-faith belief that the use is not authorized;

• A statement, under penalty of perjury, that the info is accurate.

  Email: copyright@forbes360.news

3. Prohibited Uses

Unless you have Forbes360’s prior written permission, you shall not:

• Alter, copy, rewrite, or redistribute any Forbes360 intellectual property;

• Frame or utilize framing techniques involving our Marks or Content;

• Archive, cache, or incorporate Content into any database;

• Decompile, reverse engineer, or circumvent any aspect of the Website;

• Use any data mining, robots, spiders, or scraping methods;

• Use the Website in a manner that violates applicable laws or regulations.

4. Account Registration

4.1. Accuracy: When you register, you agree to provide only true, accurate, and complete information. Impersonating another person is strictly prohibited.

4.2. Responsibility: You agree to accept responsibility for all activities that occur under your account. Each registration is for a single user only. You are responsible for maintaining password confidentiality.

5. User-Generated Content and Generative AI

5.1. Feedback: Any feedback or survey responses provided to Forbes360 are voluntary. Forbes360 is free to use any suggestion without compensation to you.

5.2. License Grant: By “Posting” content to the Website, you grant Forbes360 a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, and transferable license to use, copy, modify, and distribute said content in any media.

5.3. Generative AI Search: If you use Forbes360 generative AI search functionality, you acknowledge that outputs may be inaccurate. You agree not to rely on any output as factual truth and shall not input sensitive personal information into the AI interface.

6. Posting Rules

You shall not post content that:

• Contains vulgar, profane, obscene, or threatening language;

• Discriminates based on race, ethnicity, religion, sex, or gender;

• Violates the privacy or intellectual property rights of any third party;

• Contains viruses, malware, or ransomware;

• Disguises the origin of the post or impersonates others.

7. Website Security Rules

Violating system or network security (e.g., unauthorized access, probing vulnerabilities, or “flooding” the server) may result in civil or criminal liability. Forbes360 will investigate and cooperate with law enforcement in prosecuting such violations.

8. Third-Party Dealings & Affiliates

8.1. Third Parties: Your dealings with parties found through Forbes360 Channels are solely between you and that third party. Forbes360 is not liable for any goods or services available through such third-party dealings.

8.2. Affiliate Marketing: Forbes360 may embed affiliate links. Clicking on these links may result in us earning a commission. Any purchase is made directly with those third parties, who have their own terms and privacy statements.

9. International Users

The Website is controlled and operated from offices within the United States. Forbes360 makes no representation that materials are appropriate for use outside the U.S. If you access the Website from other locations, you are responsible for compliance with local laws.

10. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FORBES360 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CONTENT SHOULD BE RELIED ON AS A SUBSTITUTE FOR FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. FORBES360 IS NOT AN INVESTMENT ADVISOR OR REGISTERED BROKER-DEALER.

11. Indemnity and Limitation of Liability

11.1. Indemnity: You agree to indemnify and hold harmless Forbes360, its parent companies, and affiliates from any claims and damages (including attorneys’ fees) arising from your use of the Website, your Posts, or your violation of these Terms.

11.2. Limitation: UNDER NO CIRCUMSTANCES SHALL FORBES360 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THE CONTENT OR WEBSITE.

12. Dispute Resolution and Binding Arbitration

12.1. Mandatory Arbitration: You and Forbes360 agree that any Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration.

12.2. Class Action and Jury Waiver: THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, OR REPRESENTATIVE ACTION.

12.3. Venue: For any Action allowed to proceed in court, the Parties agree to exclusive personal jurisdiction and venue in the State courts of New York or the United States District Court for the Southern District of New York.

12.4. Informal Resolution: You must send an individualized, written notice describing the Dispute to legal@forbes360.news. The parties must meet via telephone or video in a good-faith effort to resolve the dispute before initiating arbitration.

13. General Provisions

13.1. Survival: In the event of termination, provisions regarding Content use limitations, licenses granted, and indemnity shall survive.

13.2. Severability: If any provision is deemed unlawful or unenforceable, it shall not affect the validity of the remaining provisions.

13.3. Contact: For questions regarding the Website, contact webmaster@forbes360.news.

Would you like me to draft a summary “Plain English” version for your users to read alongside this legal document?